Question #5: Dear Mr. Shusterman. I understand that an amnesty covers people illegally in the country such as EWI or out of status. However, if enacted, how will this amnesty affect the people with cases of political asylum pending (forever) and/or NACARA (sec.203) cases filed with INS?

Carl Shusterman: Persons can apply for asylum in the United States whether or not they are legally present in this country.

I would not expect the filing of an application for asylum to impede one's chances for gaining amnesty as long as the person has been illegally present for the required number of years.

The situation is similar with regards to NACARA applicants. In fact, the NACARA applicants are one of the three groups specifically targeted by the AFL-CIO's resolution for immediate amnesty.


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